Реферат: Montesquieus Definition Of Law Essay Research Paper

Montesquieu`s Definition Of Law Essay, Research Paper

The following was completed for a Political Thought and Theory Class in my

Senior Year of Highschool..my grade was an 85 Montesquieu: Definition of Law

Into the first three chapters of Book 1, The Spirit of Laws, Montesquieu

condensed a lifetime of thinking, not so much on law as what law is, (after all,

the work by Montesquieu is entitled The Spirit of Laws, not The Laws of the

Spirit). The definition of law provided to us by Montesquieu can be most clearly

identified as a series of relationships which are derived from the nature of

things; relationships varying not only among human beings, but animals and

thought. Background: Montesquieu, Charles-Louis de Secondatbaron de la Br?de et

de Born January 18, 1689, Montesquieu (Caption 1-1) belonged to an old family of

modest wealth that had been ennobled in the 16th century for services to the

crown. Charles-Louis studied at the faculty of law at the University of

Bordeaux, was graduated, and ventured out for experience in law. He married

Jeanne de Lartique and through marriage he became socially and financially

secure. He wrote many works pertaining to the lawfield (Encarta).

Montesquieu?s Definitions of Law ?Laws, in their most general signification,

are the necessary relations arising from the nature of things.? (Spirit)

Montesquieu in the first book would seem to be collating all that has been said

on the law into some complex equation, eliminating the common and arriving at

some simple solution. Thus, laws in the most general sense are the relationships

between things (all things) as the nature of things shows: the nature of things

seen, heard, and read. God isn?t seen nor heard, or read; still, he must have

his place, but not first in the order of the nature of things (Catholic).

?There is, then, a prime reason; and laws are the relations subsisting between

it and different beings, and the relations of these to one another.? (Spirit)

But we have overlooked a key word kept by Montesquieu in his most concentrated

definition: laws are not only relationships, they are necessary relationships.

Here grows a somewhat ambiguous question. Why are they necessary? They are not

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